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LAWSUIT CHARGES THAT DEPARTMENT OF CORRECTION WAREHOUSES MENTALLY ILL PRISONERS IN SEGREGATION

            BOSTON, March 8, 2007 -- The Disability Law Center today sued the Department of Correction to end the practice of holding prisoners with serious mental illness in segregation, where they are locked in their cell at least 23 hours a day.  “We visited prisoners at Souza-Baranowski Correctional Center and MCI Cedar Junction, toured the units, reviewed records, and, after an intensive year-long investigation, had our worst fears confirmed,” said Stanley J. Eichner, executive director of the Disability Law Center. “The system is broken. These men are being subjected to intolerable conditions which cause them to gravely harm themselves – too often fatally. In the past year, eight prisoners have committed suicide while in segregation. DLC is bringing this suit to redress the wrongful treatment of prisoners with mental illness.”

“For nearly 20 years, the DOC has ignored recommendations from its own mental health providers and consultants, as well as from Blue Ribbon Commissions appointed by two separate Governors to create therapeutic units as an alternative to segregation,” added Leslie Walker, director of Massachusetts Correctional Legal Services and an attorney on the case.  “In light of this history, we cannot rely on the DOC to provide what is needed.  Many other states are already saving lives by removing mentally ill prisoners from segregation, including California, Ohio, Wisconsin, Indiana, Connecticut and New Mexico.  We need an enforceable order to safeguard these vulnerable prisoners.”

                        The complaint filed in Federal Court in Boston today alleges that DOC’s actions violate the 8^th Amendment to the Constitution by subjecting the prisoners with serious mental illness to cruel and unusual punishment and that DOC discriminates against the prisoners in violation of the American with Disabilities Act.  “Courts have repeatedly held that to warehouse mentally ill prisoners in this way violates the Constitution,” said Robert   Fleischner of the Center for Public Representation .    “We won’t be satisfied until our clients are guaranteed treatment units at all security levels, including the highest security, with enough capacity so that nobody with mental illness is wrongfully held in segregation.”

            “This is an issue of great public concern,” said Jim Rollins, a partner in the Boston of Bingham McCutchen representing the DLC pro bono.     “There have been eight suicides in the past year alone -- and many more prisoners continue to suffer outside the public view.  In addition to this human tragedy, there are public safety concerns when mentally ill prisoners are released straight from isolation to the street. Bingham  is committed to assisting DLC with enforcing these prisoners’ rights to humane treatment.”

            As the state’s protection and advocacy agency, the DLC has federal statutory authority to represent the interests of prisoners with mental illness.  It filed suit on their behalf after conducting a year-long investigation of conditions facing mentally ill prisoners in segregation.  The legal team includes Massachusetts Correctional Legal Services; Disability Law Center, Inc.; Bingham McCutchen LLP, and the Center for Public Representation. .

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